tv CNN Newsroom CNN August 8, 2013 11:00am-12:00pm EDT
good morning, everyone. nice to have you with us. i'm ashleigh banfield. let's get started. we're going to take you first to the west coast where the desperate search for two missing children in california has changed. it has spread to oregon. an amber alert has been issued there for 6-year-old hannah and 8-year-old ethan anderson. of course prompted by a possible sighting of a vehicle that's wanted in connection with this case. authorities expected that 40-year-old james dimaggio abducted at least one of these children after their mother's body was found in a burned-out house. a child's body was also found but so far authorities have not released an identity on that child. the children's father, brett anderson, was on cnn's "new day" this morning. >> i believe the hardest thing is still to come when i have to go and start cleaning out their
apartments and rooms. but i have a lot of support here with me and we'll try to get through it. >> first off, the most important part, did that tip on the vehicle that took us to oregon end up panning out, paul? >> well, the sheriff's office here was saying at one point that it did not pan out. there were tremendous gymnastics between the sheriff's department here and oregon authorities. but one thing we can tell you, in modok county, no less than the under sheriff told us that a business owner there wrote down a license plate number that matched that of the suspect's vehicle. so they are now actively trying to pursue this with of course an amber alert now in washington
and the timeline fits because the first sighting was in the extreme northeast corner of the state and a second sighting to the north on highway 395, that in oregon, ashleigh. >> and we've been hearing the father refer just to the daughter in the appeal for the daughter. but there is some other information that's come to light and it's unusual. it's about the relationship between dimaggio and this teen-age girl, hannah. what exactly is it? >> reporter: well, from what we understand, these families were so close, the dimaggio as and andersons that they considered dimaggio to be an uncle. he's known the children since birth. a neighbor says he believes dimaggio and the girls recently
took a trip to hollywood. let's listen to anderson. >> i have come up blank. i have been through every scenario in my brain. there was nothing ever to show any indication of this. he -- everybody you could even talk to loved him. he would give you the shirt off his back. he was there to help at any time you called and nothing ever like this indicated anything. >> reporter: and a little bit about her, the 16-year-old said to be 5'7", 115 pounds, blond haired, blue eyed. her friends say she was a fun loving girl, wouldn't be someone who would run away with
somebody. >> and reports from friends saying that dimaggio creeped her out, that he suggested a crush but the dad didn't say anything of that. with that interview that you saw, it was extraordinarily emotional from that father. he was unable to actually speak at one point. i want to show you another part of the interview, from this father talking about who these kids are. have a listen. >> ethan wore his heart on his sleeve. he would give -- do anything for anybody, loved everybody. he was just my buddy. we spoke quite often since i've been in nashville and he would tell me his daily routines. he was just getting back into football for a second year. and hannah was just a beautiful, beautiful girl, very, very good student, hundreds and hundreds of friends and there is nothing bad to say about my kids.
they never did anything to anybody. they were always wonderful. we were pretty tight even though i was a couple thousand miles away. i -- i don't know what to say. it's surreal to me right now. >> and we'll continue to follow this story as the information comes in to cnn. we've also heard that taser guns can kill. that's exactly what a south florida teen-ager's family says happened to 18-year-old israel hernandez. they say he was spray painting an empty building in miami beach on tuesday morning. his friends apparently acting as look-outs. but when police spotted him, he ran. they say that he hid, he jumped a fence and did not cooperate or listen to the officers' commands. so when the officers got to him, they tazed him. this is when it gets difficult. his friends say that the officers started laughing and
congratulating each other. >> i seen my friend lay down on the floor and they were just high fiving each other and laughing. >> it's brutal. it's brutal. he's a kid about my size and there was about 30 cops on him. >> hernandez was pronounced dead after he was taken to the hospital. our nick valencia has been live on this story investigating. he's at our cnn center. nick, this is really distressing to hear that this young man is now dead. do we have any other details on either the medical side of this or legal side of this? >> reporter: it is distressing. he was a very popular teen-ager in miami beach. he was known locally for his graffitiing, other people call it tagging and that's what he was doing at about 5:00 a.m. on tuesday morning when cops confronted him, he was graffitiing or tagging an abandoned building. they asked him to stop. they confronted him at which they were he took off running.
they were able to catch up to him. police say they had to taze him in order to arrest him. a lot of his friends and family very upset about this. there are critics that say this teen-ager was a vandal, he was defacing private property and he should have stopped when cops told him to stop. i talked to his girl friend earlier this morning and i asked her to respond to those critics. >> he ran because he was scared, you know. he's just a kid. he only weighs like 120 pounds. he was just a child in so many ways. and he's so -- he's such a pure and innocent person and he'd never -- >> for their part police released a statement in order to effect his arrest, the officer deployed a taser.
the subject was placed into custody. you asked about the medical history of this teen, if anything played in that. autopsy reports are pending. we asked his girl friend if he had a history of drug abuse. she said no, this is a straight edge kid, he didn't like smoking pot or drinking. he went by the name "reefer" and we asked if it was drug related and she said, no, he was from colombia. >> they're certainly continuing to investigate this. the police saying the investigation is open and ongoing. >> happening right now, widespread flooding in tennessee, including the city of nashville. no stranger to flooding there. parts of interstate 24 which run
through the city are now under water. some people have been forced to flee to the roofs of their homes. chad myers joins us at the weather center with the latest. i was thinking it was not only two years ago that nashville was an absolute mess, it was under water. >> that's right. and many of the flood levels now are second only to that flood in 2010. parts of davidson county officially in six hours, 6.5 inches of rain. it doesn't matter where you live, you're going to get flooding if you get rain that fast. branson, missouri, 10 inches of rain or more in the past 24 hour. branson at 8 inches of rain, 6.5 in madison. flash flood warnings for nashville. rain continues here and it going to continue for much of the day.
could see flooding in parts of georgia, missouri. it's a stationary front like a stationary bike, doesn't move. same rain showers, same places. >> chad, say it with me. if you're driving and up see water on the road ahead of you, what do we do? >> stop. >> don't drive. >> you think the road is still there but this flooding has been so bad for so long, the roadway actually may not even be there. there may just be water and you're going to drive off into the creek that's now a new creek and get pushed down and you're going to be in trouble and rescuers are going to have to come. >> so dangerous. chad myers, keep an eye on it for us. thank you. >> a fast moving wildfire burning unchecked in california. look at these pictures. 10,000 acres now engulfed in riverside county. that's west of los angeles. there are mandatory evacuations in effect for several communities. about 500 firefighters and three
airborne units are trying to fight this one right now. so far we can report three people have been hurt in this wildfire. >> a jury deliberating the fate of james "whitey" bulger goes into its third day now. among the charges, rico, racketeering involving 19 murders. it all happened during a 20-year reign of terror in south boston. if convicted, he to spend the rest of his life behind bars. >> a couple tried to use prayer to help their sick child get better. that child didn't get better, the child died. here's what's really disturbing, it is not the first child who has died this way under their care. now they're charged with murder. our legal experts will weigh in on this heart breaking case after the break.
decided that prayer might work better. but after several days prayer didn't work at all and that child died. and now a judge is upholding murder charges against the parents involved. our national correspondent gary tuchman has the details. >> reporter: at this north philadelphia cemetery, most of the graves are marked, but not this spot where two small children are buried. two children who would be alive today, say authorities, if their parents gave them medical care. herbert and katherine are charged with third degree murder following the death of their 8-month-old son brandon this spring. >> instead of caring and nurturing him, they ultimately caused his death by praying over his body instead of taking him to the doctor. >> and unbelievably, this isn't the first time this has happened to the shiebls. in 2009 their 2-year-old son kent died. the parents did not seek medical care to treat him. >> i tried the previous case two and a half years ago and the
circumstances from that case to this case are eerily similar. >> in the first case they were found guilty of involuntary manslaughter in the death of kent. the prosecutor asked for prison time but the judge opted for probation and allowed the couple to move back to their home with their seven other children. the judge did order them to seek medical care for their children in the future. joanne prosecuted the case then and will prosecute this case as well. when the judge gave probation, you must have been very upset. >> i was upset. i was upset at that and i was upset because i felt they didn't get it. here we are, two and a half years later, another one of their kids is dead and they still don't get it. >> reporter: which is why they've been charged for the more serious count of third degree murder. so what's up with the parents? they belong to a church that declares its trust in god alone
for physical healing. the church lists many of its core philosophies on its web site. relevant to this case is one particular belief i will quote in part, "if we are trusting, se satan will hinder our relationship with god." the daughter of pastor said the pastor did not want to speak to us. the remaining children are in state custody. >> do you feel you did right by god? >> this is herbert's attorney. >> he's sad, he's still in a grieving mode. i looked at him this morning. he seemed to have lost weight. but in terms of holding up, he's a standup guy. >> certainly that's a most
controversial characterization. >> we wanted to show you pictures of herbert's and katherine's two little boys but lawyers on both sides say they don't know of any pictures of them in life. all they have are their autopsy photos taken shortly before they were buried in their unmarked grave. a lot of people say you have no love for your child because you've let two children die without medical help. >> no comment. >> gary tuchman, cnn, philadelphia. >> so many questions, legal questions particularly about this. i want to bring in criminal defense attorney and former prosecutor jeffrey gould a. i think a lot of people will say aren't we allowed to parent the way we want? am i allowed to use faith as a
healing device? >> the law says you can't use faith to sacrifice children. i question probation who was supposed to watch over these people and perhaps ask them a few questions as time went on as to what their religious believes were as to this child. this case will come down to the defense saying it was only three days that the 8-month-old child was sick and that that's not enough to know. the prosecutor will say, wait a minute, we have a prior bad act. you just did the same thing before. you can't sacrifice your children and that's what these people did. >> you mentioned, it it's astounding that ten years probation was all they got for the death of that child, who died in almost identical circumstances. they had seven additional children, who are now being looked after by the state. brian, maybe tell me this, why would you only get ten years probation for what was considered involuntary manslaughter back then when
nowadays they're being charged with murder in the third degree? >> i don't know. it seems to me to be a very lenient sentence for somebody who did something that's pretty horrific with respect to th children. of course the first time a case like this comes up, there's all kinds of defenses you can raise at that time. you can say we didn't know the child was that sick, we had belief in our faith, we thought the child would turn around. it's almost like an ignorance effect. but this judge put them on ten years of probation. one of the conditions of probation was the kids get routine medical care. if the children gets sick, you get them medical attention right away. this child, an 8-month-old child, was sick for three days. the defense they're trying to assert here, hey, they didn't know anybody, they thought it
would turn the corder, i don't think it's going to fly. >> in that state the third degree statute requires that you prove malice. is anybody going to be able to prove in court -- i think it's fair to say they're grieving -- will they be able to show that there was malice? >> i think they can show intent in this case. >> if could you stay put for a second. i have a little bit of breaking news. first i got to tell that you down in florida in tampa, there is a big group of people that are being ordered to stay indoors, and it all has to do with the picture you're seeing. fumes that are coming silently but deadly potentially from that port. what are the fumes?
how are they leaking and how are they going to contain this? we're going to update you on this breaking news in just a moment. reech ] [ beeping ] ♪ [ male announcer ] we don't just certify our pre-owned vehicles. we inspect, analyze and recondition each one, until it's nothing short of a genuine certified pre-owned... mercedes-benz for the next new owner. ♪ hurry in to your authorized mercedes-benz dealer for 1.99% financing during our certified pre-owned sales event through september 3rd. j.d. power and associates has ranked quicken loans highest in the nation in customer satisfaction... i say "family," because we've been blessed with this honor for 3 years in a row... rest assured we'll treat all of your mortgage needs with tender loving care. amazing client satisfaction: it's a quicken loans family value.
this is cnn breaking news. >> i want to get you some of this unusual information that's coming from a very large port in tampa, florida. it is in fact the port of tampa, and there's something wrong and nobody knows yet what it is. but there are dangerous, noxious fumes emanating from that port. look at that flag. people downwind of that flag are being told to stay indoors. that's not just a few people, it is several thousand people. particularly if you live or know people who live in the area of channel side harbor island, all of them have been given an order to stay in shelter. they're trying to figure out what the leak is, what the fumes are. they say if you have any experience of irritation of the
eyes or respiratory tracks that could lead to dizziness, you're probably going to need to get medical attention at some point. in the meantime, everybody in the area south of that port are being told to stay in place, shelter indoors, keep your windows and doors closed and keep on your television and radio. what a bizarre situation, not knowing what it is and what it's leaking from. another breaking story, we've been bringing it to you from texas every day. and every day we've had a praek in the nidal hasan case, that's the case of an army major accused of opening fire on his colleagues. ed lavandera is here with more breaking news in the case. yesterday everything shut down because the backup lawyers say they can't stand by any longer and watch him march himself to the death penalty. what has the judge said in this case? >> reporter: it was another tense morning. the judge came out this morning
first thing and denied those attorneys' request to modify how they would work with major nidal hasan in his death penalty murder case here at fort hood. the judge denied that motion. it didn't end there. basically the judge ruled that this was simply a disagreement in strategy, that major hasan is fully kachab abcapable of repre himself, that he has a constitutional right of defending himself how he so chooses. but then the lawyers said -- the attorneys kept hammering at the judge about it and said it would be "morally repugnant" to force them to allow major hasan to essentially in their opinion work with the prosecution to ensure that he get the death penalty. despite all of that and those strong claims from these attorneys, from what we could hear sounded very angry and upset by the judge's ruling. the judge said they have to
continue working alongside major hasan. they are not the lead counsel. they do not make the decisions. everything is up to major hasan and basically they have to stand there and watch him choose this strategy, which they think is ensuring that he gets sentenced to death. >> well, they say you do have a right to defend yourself, even if you're defending yourself very poorly. i will tell you this, ed, from the cases i've seen, a lot of thiems those shadow lawyers have to defend themselves, too, from a case of ineffective assistance of counsel. keep us posted today on any other movement in the trial, will you, ed? >> yes. >> he's on it every day for us and we'll keep you posted. not even 11:30 in the morning eastern time and the court case already done for the day in joshua young's trial. why? he's that 17-year-old baby-faced boy accused of helping his
father beat his 14-year-old step brother to death bullp, but his defense case only called two witnesses. during the prosecution case two witnesses and just four additional witnesses this morning and then said we're done. all of it less than half an hour. so that's quick before you rest your case. can i remind you if he's convicted, he faces life in prison. so the question, did the defense do enough to save that boy? we're back in a moment. today, we'd like people to come together on something that concerns all of us. obesity. and as the nation's leading beverage company, we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices. and offering portion controlled versions of our most popular drinks. it also means working with our industry to voluntarily change what's offered in schools. but beating obesity will take continued action by all of us,
based on one simple common sense fact... all calories count. and if you eat and drink more calories than you burn off, you'll gain weight. that goes for coca-cola, and everything else with calories. finding a solution will take all of us. but at coca-cola, we know when people come together, good things happen. to learn more, visit coke.com/comingtogether
i've been doing a few things for playing this and trading.ove-- tdd#: 1-800-345-2550 and the better i am at them, the more i enjoy them. tdd#: 1-800-345-2550 so i'm always looking to take them up a notch or two. tdd#: 1-800-345-2550 and schwab really helps me step up my trading. tdd#: 1-800-345-2550 they've now put their most powerful platform, tdd#: 1-800-345-2550 streetsmart edge, in the cloud. tdd#: 1-800-345-2550 so i can use it on the web, where i trade from tdd#: 1-800-345-2550 most of the time. tdd#: 1-800-345-2550 which means i get schwab's most advanced tools tdd#: 1-800-345-2550 on whatever computer i'm on. tdd#: 1-800-345-2550 it's really taken my trading to the next level. tdd#: 1-800-345-2550 i've also got a dedicated team of schwab trading specialists. tdd#: 1-800-345-2550 they helped me set up my platform the way i wanted, tdd#: 1-800-345-2550 from the comfort of my home. tdd#: 1-800-345-2550 and we talked about ideas and strategies, one on one! tdd#: 1-800-345-2550 really gave my trading a boost. tdd#: 1-800-345-2550 all this with no trade minimums. tdd#: 1-800-345-2550 and only $8.95 a trade. tdd#: 1-800-345-2550 after all, i'm in this to win, right? tdd#: 1-800-345-2550
open a schwab account and learn how you can earn up to 300 tdd#: 1-800-345-2550 commission-free online trades for 6 months tdd#: 1-800-345-2550 with qualifying net deposits. tdd#: 1-800-345-2550 call 1-888-283-2407 today. tdd#: 1-800-345-2550 a 17-year-old boy on trial, accused of helping his own dad as they killed a 14-year-old step brother. joshua young's defense has rested its case and it did not take long, after less than 20 minutes of testimony. that's it, 20 minutes today. the victim was beaten behind a high school in louisville in may of 2011. his own stepbrother, that young
boy sitting there, joshua young, could face life in prison if he's convicted of the alleged role in the crime. he may look really young but he is 17. the defense did call two witnesses, out of order, sort of in the middle of the prosecution's case. that's not unusual. so prior to today's 20 minutes, it was only about ten minutes more. all in all, only about a half hour in the defense case. much of what you're hear sums up much of what we heard this morning. >> to your knowledge, was tray afraid of the dark? >> no. can you describe joshua young's demeanor in the car going to the funeral? >> very sad, very distraught, teary-eyed. >> i want to bring in cnn legal analyst jeff gold and jeanne
casarez as well. this reminds us of cases like the brothers in florida where these are baby-faced defendants. he had no plan or taking the stand? >> no. i think the defense used a lot of the prosecution case to develop their case. he's charged with complicity to commit murder, that he helped, assisted, aided and encouraged his own father. his father was a witness in this case. as the evidence has come out, it's amazing, ashleigh, because i don't see the evidence for complicity to commit murder but i think there is evidence that he commit murder. the father said i did it alone, my son wasn't there but if you look at the evidence that unfolds, it doesn't point to the father. one example, the father says i
smoked pot with trey, the victim, right before he killed him. there was no pot in his system. >> it's not conspiracy, it's complicity. when i think about a 15-year-old acting and doing something with his dad, i think all 15-year-olds are come police pl it comes to what their parents are doing. is that criminal? >> well, it could be criminal but you're exactly right, how do you fault a 15-year-old? the dad a month after the murder says "my kid did it." the reason he did that is because he's a juvenile and he wouldn't get much time. when the state of kentucky upped it or indicted him or had his charged criminally and could face life, the dad said i did it all. i don't know much about the kid other than what i read in the paper. you're exactly right. every 15-year-old looks up to
their dad. if you're a juror, how do you find beyond a reasonable doubt when the dad said he did it alone. >> i'm going to make a statement i don't know many news anchors would make but i'm going to go ahead and do it. this kid was moved into foster care, apparently was doing pretty well. his daddy got out of prison and got custody of this kid. that to me is the crime that was committed because only months later swiker was killed and now we're in a murder case involving father and son. there you are, i said it. stick around, i have more questions on the legal side of things. a shocking story about a youth coach. this one is all too familiar. he's now in jail and he's charged with molesting six boys, including one he allegedly slipped a sleeping pill to. details right after this. e dayss can save by sharing. like carpools...
polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing. hey, can i borrow your boat this weekend? no. [ male announcer ] share more. save more. at&t mobile share for business. ♪ at&t mobile share for business. trust your instincts to make the call. to treat my low testosterone, my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all
medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron.
it has been just over a year since former penn state football coach jerry sandusky was accused of sexually abusing a number of children. now a kentucky youth coach is facing 14 charges of sexually abusing six boys. in one case the coach, 46-year-old michael sweitzer, allegedly slipped a sleeping boy to one of the boys before molesting him. >> reporter: imagine your reaction if your neighbor was charged with sodomy and sexual abuse, a neighbor where your son would play. look at the property, a ball field, play set and trampoline. >> mike didn't seem like he would do that. >> and spence was down here
playing, they played whiffle ball in the back yard. they seemed very nice, very normal. >> reporter: that normal changed yesterday when michael sweitzer, a youth coach, was indicted on these crimes. he's in the county jail on a half million dollar bond. >> weird. you wouldn't expect it. >> reporter: i asked the schools if sweitzer has ever been affiliated with any of the sports programs. they said he's never been on the payroll. spencer's mom, terry, said it's a great time to talk to your kids about inappropriate relationships. >> it makes you want to keep your kids at home and really be careful about whose place you send them to and who they are with. >> reporter: according to neighbors, sweitzer's wife and children moved out more than a month ago when allegations first surfaced. >> and again, our thanks to our affiliate wcpo for that report.
to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy? for those people south of the tampa port who are are stuck in their homes in a shelter in place order, can you leave now.
that shelter in place order has been lifted. apparently the noxious fumes have dissipated. it was a mystery. nobody really knew how this happened or what the fumes were but at this point they're not as concerned as they were when they ordered everybody to stay inside. again, all those folks who were stuck south of the port, a couple thousand people in fact, you don't need to be stuck inside anymore. i do encourage you to wait on this next story because this is a good one. before you leave the tv, were you one of the people who won the powerball? because we have a winner, three winners in fact, in that huge powerball jackpot. here's the information you need to know if you think it might be you. two of you are from new jersey, one from minnesota. here are the winning numbers. write them down, check your ticket twice.
cnn's personal finance correspondent zain asher is in new jersey. this is is the kind of state where if you win, you can't creep away quietly into the sunset. you need to come forward and be public about it, right? >> yes. you can't be anonymous. the winning ticket was sold at this stop & shop here. there is really so much buzz here. there is a massive cake saying "congratulations powerball winner" with all the numbers. you take $448 million, you split that three ways you walk away with about $150 million, certainly not chump change by any stretch of the imagination. but in new jersey you cannot be anonymous. there are some states out there where if you decide you don't necessarily want the whole world knowing you just won $150 million, you can keep it private. not in new jersey. a lot of the reasons is lottery
officials believe if you have a real name and face associated with the winnings, it does encourage playing. you have about a year to collect your winnings. i did speak to the folks at stop & shop who said they're really excited about their commission, they're expecting a $30,000 commission. i asked them how are you going to spend it? they said they plan to give it to charity. >> i just wanted to let the winner know if you're watching you don't have a year to collect that cake because that would be nasty. >> we have another story coming up with a big controversy that's come out this week over allegations that the d.e.a. is covering up some of its investigations. it's not a joke. it's so bad that the department of justice is looking into this right now. so we're going to ask the question is it possible that people who are convicted over
the years by this practice or at least because of this practice might get a free ticket out of jail because of the coverups? we'll have that story for you next. dad. how did you get here? i don't know. [ speaking in russian ] look, look, look... you probably want to get away as much as we do. with priceline express deals, you can get a fabulous hotel without bidding. think of the rubles you'll save. with one touch, fun in the sun. i like fun. well, that went exactly i as planned.. really? could save you fifteen percent or more on car insurance. mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w...
connecting with people over seas. they do it all sorts of ways. here is what you might not know. they take the information and then they pass it along. they funnel it to the irs, to the nsa, and to other agencies so that those other agencies here can actually launch their own criminal investigations. all of this is from a reuters report release this had week. the report says the dea is then instruct the folks, its own agents to lie, lie about where that original information came from. the practice is now under investigation by the justice department and what about those who have been prosecuted as a result of the origination of this data that was cleared away? wiped away, parallel construction they call it, is it possible that people could be set free from prison if the root of the investigation is deemed to be illegal?
our cnn legal correspondent jean casarez is the perfect person to ask this. i think it may have even been you that explained to me what fruit of the poisonous tree means. does it apply here potentially, jean. >> the origination of the investigation. defense attorneys saying it is a violation of due process and the clients did not get a fair trial. why? because the origination of the investigation, they don't know about, they weren't told. that deprived someone of their liberty. what's interesting here is this program has been in place since the 1990s, so how many cases could it have affected within the dea, and there is a justice department investigation but the justice department reportedly knew about this program so did they already pass constitutional muster in regard to the legality of this program or not? we'll have to see how this develops. two leading republicans are saying this is hiding the ball and constitutionally it is not right. >> this group called the special
operations division of the dea says there is nothing illegal about what they have been doing, and still what's weird is that they're asked to reconstruct the root, again, the origination of the tip so that there is a completely open and public investigation that they can pass onto prosecutors and judges and defendants, et cetera, but here is my question. if somebody who ends up guilty of a crime is legitimately guilty of a crime, who cares that the original tip may have been ill gotten if it is recreated and that original tip can be legitimate? do you understand? it is a little complex. >> yes. i understand exactly. >> the recreated trip is actual, and the guy is guilty? who cares? >> i think it is how close the causal connection is because we know tips are used in law enforcement all the time, right? normally it does form the basis of the investigation that tip, so, number one, if you're not
told the tip and you don't know about it, that's the number one issue defense attorneys have. the causal connection, if you give the tip to somebody, go to this truck stop because a vehicle will be there at 2:00 in the afternoon and the vehicle is filled with drugs, but you can't communicate that tip, then you have to find another reason to pull somebody over, legitimate or not legitimate, you have to form that reason. you pull them over, you get the drugs, it forms the basis of the arrest. that's the core issue here, i think, and this is only used for international drug cases and money laundering cases at this point. high, high profile cases. >> and makes me mad only because it is a tip, it is not evidence. it is a tip. i completely get where you are coming from. it is a little thing called our constitution. very important little thing. jean casarez, you're awesome. thank you. >> thank you. >> it is never a good idea to lie to the police. you know that. wait until you hear what one woman said when she was caught speeding and how that was a domino effect that she now
really wishes she never did. ma. but with advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announcer ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free and save on refills at advaircopd.com.
there's a new way to fighttion litter box odor. introducing tidy cats with glade tough odor solutions. two trusted names, one amazing product. [off screen] hthere you are. [speaking german] hi, grandpa! [off screen] give me a kiss! [speaking mandarin] what do you think? do you like it? [off screen] happy birthday!
can you see that? [speaking polish] [off screen] did he apologize? [off screen] thanks, micah! [off screen] bye, guys. bye. see ya. oh my god! every day, more people connect face to face on the iphone than any other phone. i miss you. i have a story for you here. you may have told a little white lie after being pulled over by the police. maybe, maybe not. some people do. a new hampshire woman decided to tell a police officer a pretty elaborate lie all to avoid a speeding ticket. she didn't just say sh today go to the bathroom or in a hurry.
she said her father was on his death bed and she was rushing to see him before he died. the police officer let her go, but his spidey senses were tingling, and he decided to google the dad's name, and guess what? turns out that dad did die. he died back in '08. he also found that she was driving on a suspended registration which is a misdemeanor in new hampshire. he decided to take some action. he went over to her house and he arrested her. our legal panel is back with me now and, jeff, i am surprised that all she ended up getting charged with once he did confront her was driving after a suspension of registration and speeding. how about obstruction and lying? >> absolutely. the misdemeanor she has been charged with and it is criminal in nature and absolutely. i get your dog ate the homework, but this is lying to the police. you know, i have a lot of clients and when you have pretty
girls, they don't get charged with speeding as much as men. this girl went a way out of the way to avoid that original ticket. i don't understand, though, why the cop didn't know her registration was suspended at the time. so there is a little bit of question in my mind was he just cutting her a break and then changing the story later. >> maybe. listen, if someone says their dad is dying and she literally said he is only six breaths per minute now, giving serious detail, maybe he was trying to give her a break, yes. brian, however, some people say this is someone seeking revenge going to her house to cuff her or is it great policing. >> i don't think it is either. i don't think it is great policing but almost every state has statutes about interfering with the police officer and the discharge of their duty and it is something they could have charged her with. she was clearly doing it. once you're out there in the field and once the police officerut